Legal
Legal declarations of:
Bookaball Exploitatie B.V., trading as bookaball,
Egelenburg 2
1081 GK
Amsterdam
The Netherlands
Email: [email protected]
Chamber of Commerce No. 89584945
VAT No. NL865030339B01
Terms & Conditions
Art. 1 APPLICABILITY
1.1 These Terms and Conditions apply to the bookaball service, hereinafter referred to as the ‘Service’, which consists of providing a reservation system for the benefit of the party renting a court, hereinafter referred to as the ‘Tenant’, to the person who wishes to avail of this service from the Tenant, hereinafter referred to as the ‘Player’.
1.2 If translations of these Terms and Conditions are in use, the version in the Dutch language prevails over the version(s) in another language.
Article 2 OBLIGATIONS BOOKABALL
2.1 Bookaball makes its platform available to Player and Tenant with the Service, enabling the Player to reserve and pay for one or more services or products from the Tenant. The obligation of bookaball consists of making the platform available to Player and Tenant, receiving and processing the reservation, receiving the payment involved by the Player, communicating the Player’s reservation to the Tenant, and making the payment made by the Player available to the Tenant. These Terms and Conditions only provide rules regarding this relationship between Bookaball and the Player.
2.2 Thus, through bookaball’s platform, an agreement is formed between Player and Tenant, hereinafter referred to as ’the Agreement’. Bookaball only mediates and is not a party to this Agreement. This means that the Player can direct a complaint concerning the quality of the Agreement or a damage claim resulting from the Agreement solely to the Tenant.
Article 3 OBLIGATIONS PLAYER
3.1 The Player, after registration, obtains the right to use the platform and reserve the desired services or products from the Tenant. The Player undertakes to carry out their registration correctly and truthfully and will not abuse or use their registration and/or bookaball’s platform improperly.
3.2 The Player is immediately and legally in default if they do not fully or partially comply with any obligation arising from this Agreement. In that case, as well as if Bookaball anticipates that a Player may not meet their obligations, bookaball has the right to take appropriate measures. These may include limiting the Player’s access to the platform and/or suspending its obligations towards the Player, without any obligation to compensate for damages.
Article 4 THE AGREEMENT BETWEEN PLAYER AND TENANT
4.1 The Agreement between Player and Tenant is formed according to the method described in the Tenant’s Terms and Conditions.
4.2 Within twenty-four (24) hours after an (online) reservation, the Player receives an email with a booking confirmation, which serves as proof of booking. The Player is obliged to check the booking confirmation and immediately notify the Tenant in writing of any errors in this reservation.
4.3 The Player owes the price stipulated in the Agreement for the reservation. This is prepaid through the bookaball platform using the common payment methods used by bookaball.
4.4 Tenant may request an additional fee on the spot for any additional services.
4.5 All accounts, including accounts for cancellation or No-Show, are due by the Player at the moment they are presented to him.
4.7 Notwithstanding provisions of mandatory law, the Player does not have the right to suspend or offset his payment obligations towards the Tenant.
4.8 Complaints of any nature concerning the execution by the Tenant of an Agreement do not suspend the Player’s payment obligation and can only be brought to the Tenant’s attention in writing.
Article 5 CANCELLATION BY THE PLAYER
5.1 Cancellation by the Player must be made via bookaball’s platform and is subject to the Tenant’s terms and conditions. The applicable terms depend on the Tenant for whom the reservation was made and can therefore vary. The Player can derive no rights from a verbal cancellation.
5.2 In all cases of non-appearance without timely cancellation, the Player is obliged to pay for the agreed service.
Article 6 COMPLAINTS
6.1 Any deficiencies in the operation or billing of the Service provided by bookaball must be brought to bookaball’s attention in writing by the Player within two working days after delivery. If not, bookaball has the right to not process any claims regarding this. The Player can no longer assert any rights if the notification is later than two working days.
6.2 Bookaball will handle submitted complaints adequately and inform the Player about the resolution.
Article 7 LIABILITY
7.1 Bookaball can only be liable for defects in the Service provided by her, insofar as the defects are her fault, and the Player suffers damage as a result. Bookaball’s liability is in all cases limited to direct damage and up to the amount to which bookaball’s business liability insurer provides coverage in the particular case. If this insurer does not provide coverage for any reason, bookaball’s liability is limited to the amount involved in the particular reservation from which the damage arose.
7.2 Bookaball is never liable for damage suffered by the Player as a result of a cause attributable to the Tenant or to the Player. Bookaball refers in this regard to possible exclusions or limitations of the Tenant’s liability in its Terms and Conditions. The Player is aware that participation requires good health and declares that they meet this requirement and that they have sufficiently prepared for the activity(s) in which they participate through training or otherwise. The Player plays at their own risk.
Article 8 FORCE MAJEURE
8.1 Bookaball is not liable for damage resulting from force majeure. Force majeure includes all foreseeable or unforeseen circumstances that are beyond bookaball’s control, including but not limited to: (a) weather conditions, (b) problems with and/or severe disruptions from suppliers such as utility companies, (c) failure to deliver necessary materials by third parties, (d) strikes, (e) absenteeism of staff due to illness, (f) Pandemic/epidemic, etc.
8.2 In the event of force majeure, bookaball has the option to suspend its obligations until the force majeure situation has ceased to exist, or to terminate the agreement wholly or partially. In both cases, the Player has no right to any compensation. If the force majeure period lasts longer than thirty (30) days, the Player is also entitled to terminate the Agreement partially (for the future), provided that the Tenant is entitled to send an invoice for the Services already rendered.
Article 9 PROCESSING OF PERSONAL DATA
9.1 Bookaball uses the obtained personal data of the Player for the execution of its Service. To this end, it provides the Player’s personal data to the Tenant. Both bookaball and the Tenant are regarded as the Data Controller regarding the Player, as referred to in the GDPR.
9.2 Regarding the manner of processing personal data of the Player by bookaball, she refers to her privacy statement. Bookaball will keep a processing register in which all possible breaches are recorded.
Article 10 AMENDMENTS
10.1 Bookaball is authorized to make changes to these Terms and Conditions at any time.
10.2 In case of nullity or annulment by the Player of one or more provisions of the Terms and Conditions, the remaining provisions of the Terms and Conditions remain fully applicable to the Agreement. The parties will consult to replace a null or annulled provision of the Terms and Conditions with a provision that is valid and non-annullable and that corresponds as much as possible to the purpose and scope of the null or annulled provision.
Article 11 APPLICABLE LAW AND COMPETENT COURT
11.1 These Terms and Conditions are governed by Dutch law.
11.2 All disputes of any nature whatsoever that arise between bookaball and the Player as a result of the Service provided by bookaball will be exclusively settled by the Court of Noord-Holland, location Amsterdam.
Privacy- and Cookie Statement
Bookaball’s website is part of Bookaball Exploitation BV, hereinafter referred to as ‘bookaball’.
This is the privacy statement of bookaball (further: we). In this, we explain, among other things, why we collect and use personal data, what data that is, and what rights you have if we process your personal data. You can read here how we protect your privacy. If you have any questions about this privacy statement or about our use of your personal data, please contact us.
Data Controller
We are the data controller for the agreements we enter into with the Tenant for an online reservation system for booking courts. This means that we decide which personal data is processed, for what purpose, and in what way. We are responsible for processing your personal data in accordance with the GDPR, and in a proper and careful manner.
Processor
We are the processor concerning the use of the reservation system by members and external players for the reservation of playing fields at your (sports) association/clubs. This means that we process personal data on behalf of the data controller. We recommend reading the privacy statement of these clubs.
What do we collect and why?
To provide requested services or perform an agreement with you
To provide our services or execute an agreement, we may process the following data:
• Name and address details;
• Gender;
• Email address;
• Payment information (no credit card details);
• (Mobile) phone number;
• Social media profile (optional).
We process the above personal data because you have provided it on your initiative, obtained it as part of our services, made known to us by third parties, or became known through public sources (such as websites, the Land Registry, the Chamber of Commerce).
The purposes of the reservation (the reservation system) with which members and external players book a court online are determined by our customer. We have no influence on this.
We collect your data to:
• establish, maintain, and fulfill the agreement with you;
• communicate with you;
• maintain a (business) relationship with you;
• invoice and collect these invoices;
• process or respond to your feedback or complaints to improve our services and resources or serve you better;
• product and service development.
These personal data are processed for entering into and executing an agreement with our customers.
Email
We use contact information (name and email address) from our customers to send service emails, such as reservation confirmations. We use your contact information for up to five years after handling the last reservation we have made for you.
Contact Form
Furthermore, we process your personal data if you ask questions via the contact form on this website or by email to one of our employees or otherwise contact us. We process contact information (such as name, email address, phone number, and (business) address), the message you left, including any personal data in that message. This information is only used to answer your questions. These processes are necessary to protect our legitimate interests, as we would like to answer your questions. We keep this information until we have marked your message as ‘handled,’ unless we must keep your data longer under a legal arrangement or if longer storage is truly necessary for carrying out our activities (for example, because we have concluded an agreement).
To Keep Statistics
We keep statistics on the use of our company. With these statistics, we improve our company to show, for example, only relevant information.
For this, we use your:
- Location data based on IP address
- Browser data
- Operating system
The legal bases for this purpose are: legitimate interests, consent. We keep this information for one year. After this period, we can anonymize the data so that it is no longer personal data under the GDPR. We can keep anonymous statistical data longer.
Statistics
Our websites include social media buttons. The administrators of these services collect your personal data with these. We have no influence on how third parties process your personal data.
Retention Periods
Specific retention periods are mentioned for this. After the (legal) retention period, your personal data will be destroyed. (Legal) retention periods may change.
The mentioned retention periods do not apply if there is a legal obligation for us to keep personal data longer.
Cookies
Our websites use cookies.
Cookies are small text files placed on your electronic device (computer, laptop, tablet, smartphone) when you visit a webpage.
When a cookie is placed on your electronic device, your electronic device can be recognized, and information can be collected.
What do cookies do?
Functional cookies
These cookies ensure that our websites work properly.
Analytical cookies
These cookies collect information about our websites and help to improve the websites.
We use Google Analytics to track how visitors use our websites. We have entered into a processor agreement with Google. This agreement contains strict provisions on what they may track. We allow Google to use the information obtained through Google Analytics for other Google services. We do not allow Google to anonymize the IP addresses.
Statistical cookies
These cookies map the use of and interaction with our websites and help to improve the websites.
Allow, change or delete cookies
Some cookies collect personal data. Therefore, we must ask for your consent for some cookies before they are placed and read. More information about this is available in the cookie statements on our websites.
You can disable the placement of cookies via your browser, but then some functionalities of our websites will no longer work properly.
We have made agreements with other companies that place cookies about the use of cookies. However, we do not have full control over what they do with the cookies themselves. So also read their Cookie Statements.
With which external parties do we share your data?
We do not sell your data to third parties. However, we may pass on your personal data to the following categories of recipients:
- suppliers and subcontractors “processors”;
- our client with regard to the reservation system;
- other parties such as government institutions, courts, and regulators acting as data controllers (not processors).
We do not provide your personal data to other (categories of) recipients unless this is necessary to achieve the purposes mentioned in this privacy statement, when there is a legal obligation on us, or when you have given your consent.
All recipients to whom we provide personal data are obliged to keep your personal data confidential and to secure it properly. If these parties are classified as “processors” within the meaning of the GDPR, we enter into processor agreements with these recipients.
Where do we store personal data?
We process your personal data in principle only within the EEA. If personal data is transferred to a country outside the EEA, we ensure appropriate safeguards to guarantee as much as possible that the transfer takes place in accordance with the applicable regulations within the EEA.
How we secure your personal data
Securing personal data is of great importance to us. We ensure that your data is well protected with us. For example, we use an https website. This is recognizable by a lock and https:// in the URL. This ensures that the data you enter in the contact form is sent encrypted. We also have a processor agreement with third parties who host our website.
We take appropriate security measures to prevent abuse of and unauthorized access to your personal data. Among other things, we ensure that only the necessary people have access to the data, that access to the data is shielded, and that our security measures are regularly checked.
Your rights
You have the following rights with regard to the processing of your personal data by us:
- Receive an explanation about which personal data we process from you and what we do with it
- View the personal data we have processed from you
- Correct errors or modify personal data
- Have (outdated) personal data deleted (“the right to be forgotten”)
- Have personal data transferred to another party (“the right to data portability”)
- Withdraw consent for the processing of your personal data
- Restrict the processing of your personal data
- Object to the processing of your personal data.
Note that you must always clearly indicate who you are so that we are sure that we do not adjust or delete the wrong person’s data. We may request additional information to verify your identity.
We will generally comply with your request within one month. However, this period may be extended by up to two months for reasons related to the specific rights of data subjects or the complexity of the request. If we extend this period, we will inform you within one month of receiving your request.
It may be that we cannot or may not fully comply with your request(s). If we reject your request (partially), we will inform you of this.
Complaint
If you wish to file a complaint about how we process your personal data, you can send an email to [email protected]. We handle every complaint internally and communicate further with you. If our complaints handling does not lead to the desired result, you can file your complaint with the regulator. This is called the Autoriteit Persoonsgegevens. You can contact the Autoriteit Persoonsgegevens via https://autoriteitpersoonsgegevens.nl
Contact details
Bookaball Exploitatie B.V. is the data controller for the processing of your personal data.
These are our details:
Bookaball Exploitatie BV, trading as bookaball
Egelenburg 2 - 1081 GK - Amsterdam
Chamber of Commerce no. 89584945
Tel. 020-3704633
Email [email protected]
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We change this privacy statement from time to time. The most recent statement can be found on the websites of Bookaball. This version is from: July 1, 2023.
Disclaimer
Bookaball Exploitation B.V. (Chamber of Commerce: 89584945) hereby grants you access to the Bookaball website at www.bookaball.com (“the Website”) and invites you to purchase the rental service offered by the landlord. Bookaball Exploitation B.V. reserves the right to change the content or remove parts at any time without having to notify you about it.
Limited Liability
Bookaball Exploitation B.V. endeavors to update and/or supplement the content of its Website as often as possible. Despite this care and attention, it is possible that the content may be incomplete and/or incorrect.
The materials offered on the Website are provided without any form of warranty or claim to accuracy. These materials can change at any time without prior notice from Bookaball Exploitation B.V.
Specifically, for prices and other information about products on the Website, a reservation is made for obvious programming and typing errors. You cannot claim an agreement with Bookaball Exploitation B.V. based on such errors. Bookaball Exploitation B.V. can never accept liability for hyperlinks included on the Website to websites or services of third parties.
Copyrights
All intellectual property rights relating to these materials are held by Bookaball Exploitation B.V.
Copying, distributing, and any other use of these materials are not allowed without written permission from Bookaball Exploitation B.V., except and only insofar as otherwise stipulated in mandatory law (such as quotation right), unless otherwise indicated for specific materials.
Other
This disclaimer may change from time to time.